Aspects to check when a tenant leaves the rental apartment

Is the lease coming to an end? If neither of the parties decides to renew it, it will be terminated and the tenants will have to vacate the apartment. But not before reviewing some essential aspects.

Termination of the lease

To avoid the activation of the tacit extension, both parties must respect the notice periods:

• The landlord must give four months’ notice before the end of the lease.
• The tenant must communicate his intention thirty days prior to the date of termination.

Only in this way, in accordance with the provisions of the Urban Leases Law (LAU), on the day of termination of the agreement may the inspection of the condition of the property be carried out in order to proceed with the return of the deposit and the handover of the keys.

What to check when a tenant leaves the rented apartment

Is the property in the same condition in which it was delivered?

One of the first aspects to check is whether the property is in the same condition as when it was handed over.

According to the Law of Urban Leases it is established that: “the tenant must return the property in the same conditions in which it was when the owner delivered it, being allowed only the small necessary repairs due to the wear and tear for the habitual use of the property”.

If the tenant decides to make alterations, he must obtain prior written consent from the landlord. Unless otherwise agreed, the tenant must leave the property in the same condition in which he received it.

Is there any damage to the structural elements?

Doors, windows, faucets, walls and floors must also be kept in good condition. As they are structural elements, they may present a risk to the safety and habitability of the property and its occupants.

In the event that the damage is the result of natural deterioration over time, the responsibility for repairs rests with the owner. The bond and, in some cases, an additional guarantee, are intended to cover these costs.

However, as long as the tenant reports the damage at the time of its occurrence and does not wait until the end of the lease.

Is the same furniture still there and in the same conditions?

Another point to evaluate is whether the furniture remains in the same condition and whether it has undergone typical wear and tear due to daily use.

If a furnished apartment is rented and it suffers damage or breakage, there is the possibility of deducting the cost of repair or replacement of the furniture from the rental deposit.

Do the appliances work properly?

The same applies to the household appliances provided in the dwelling: at the end of the contract, it is necessary to check whether they are working properly or whether they have been damaged or broken.

Have tenants left any personal belongings behind?

Books, clothes, photographs or toys are some of the objects that tenants may leave behind. It is advisable to arrange for the return of these items in case they wish to retrieve them.

Otherwise, it is advisable to formalize in writing their resignation, indicating that they become the owner’s property.

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